legal analysis
the so-called serious circumstances mean that the amount of fraud is huge or there are other serious circumstances. The amount here is huge. According to the relevant provisions of judicial interpretation, it refers to defrauding more than 5, yuan. As for other serious circumstances, it mainly refers to the use of advanced technical means to forge and then use; The ringleader of a criminal group that uses credit cards for fraud; Repeated use of credit cards for fraud, incorrigible; Because of its fraud, it has caused huge losses to other people's public or private property; Acts that have a bad influence because of their actions. Criminal responsibility should be investigated for malicious overdraft. However, if all the overdraft interest has been repaid before the judgment of the people's court is announced after the public security organ files the case, it can be given a lighter punishment, and if the circumstances are minor, it can be exempted from punishment. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Legal basis
Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.